Articles:
1. General Provisions
2. Oahu Water Management Plan
3. Severability
4. Water Conservation Measures
5. Medication in Drinking Water
Article 1. General Provisions
Sections:
30-1.1 Purpose.
30-1.2 Definitions.
30-1.3 Consistency requirements.
30-1.4 Preparation.
30-1.5 Supporting document.
30-1.6 Revisions.
Sec. 30-1.1 Purpose.
(a) The state water code (HRS Chapter 174C) mandates the preparation and adoption of
a water use and development plan by each county as part of the
Hawaii water plan. In adopting the plan, the City and County of Honolulu
recognizes that water is a limited resource, the development and use of which
must be carefully planned.
(b) The water use and development plan for the City and County of Honolulu,
which is called the Oahu water management plan (OWMP), is intended to fulfill
the requirements set forth by the state water code.
(c) The OWMP consists of policies and strategies which guide the activities of the
City and County of Honolulu and advises the state commission on water resource
management in the areas of planning, management, water development and use and allocation
of Oahu's limited water resources.
(Added by Ord. 90-62)
Sec. 30-1.2 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Board" means the board of water supply of the City and County of
Honolulu.
"City" means the City and County of Honolulu.
"Commission" means the commission on water resource management.
"Department" means the planning department of the City and County of Honolulu.
"Development plans" means the development plans of the City and County of Honolulu
as defined by Revised Charter Section 6-1509.
"Domestic use" means any use of water for individual personal needs and for
household purposes such as drinking, bathing, heating, cooking, noncommercial gardening and sanitation.
"General plan" means the general plan of the City and County of Honolulu
as defined by Revised Charter Section 6-1508.
"Groundwater" means any water found beneath the surface of the earth, whether or
not in perched, dike-confined or basal supply; in underground channels or streams; in
standing, percolating or flowing condition; or under artesian pressure.
"Hawaii water plan" means the integrated program of the commission for the protection,
conservation and management of the waters of the state, with such amendments, supplements
and additions as may be necessary, mandated by the state water code.
"Municipal use" means the domestic, industrial and commercial use of water through public
services available to persons of a county for the promotion and protection of
their health, comfort and safety, for the protection of property from fire, and
for domestic use.
"Oahu water management plan" ("the plan") means the water use and development plan
mandated by the state water code.
"Oahu water plan" means the board's municipal water use plan for Oahu.
"State water code" means HRS Chapter 174C.
(Added by Ord. 90-62; Am. Ord. 96-58)
Sec. 30-1.3 Consistency requirements.
This water use and development plan shall be consistent with (a) the water
resource protection and water quality plans of the Hawaii water plan; (b) city
land use plans and policies including the general plan, development plans and zoning;
and (c) state land use classification and policies. (Added by Ord. 90-62)
Sec. 30-1.4 Preparation.
The department shall be responsible for the preparation of the Oahu water management
plan. (Added by Ord. 90-62)
Sec. 30-1.5 Supporting document.
The technical reference document of the Oahu water management plan contains the supporting
data, analyses and conclusions which are the bases for the Oahu water management
plan. (Added by Ord. 90-62)
Sec. 30-1.6 Revisions.
The department, working in conjunction with the board, shall be responsible for reviewing
and making necessary revisions to the bases and conclusions of the technical reference
document of the Oahu water management plan. The department shall complete such a
review and make the necessary revisions within by July 1, 1992, and thereafter,
the department shall review and make revisions, if necessary, to the technical reference
document every two years. Major revisions to the technical reference document which affect
the policies and strategies of the Oahu water management plan shall be approved
by the city council. (Added by Ord. 90-62; Am. Ord. 91-61)
Article 2. Oahu Water Management Plan
Sections:
30-2.1 Intent.
30-2.2 Water management policies.
30-2.3 Water management strategies.
Sec. 30-2.1 Intent.
The Oahu water management plan is intended to ensure:
(a) The optimum utilization of the existing water supply in order to minimize the
need for the development of additional potable groundwater sources;
(b) The preservation of the aquifers for the benefit of future generations, in perpetuity,
by proper management of Oahu's groundwater sources;
(c) The timely development of additional potable groundwater sources and alternative sources to provide
for additional consumer demand;
(d) That growth in consumer demand will be compatible with available water supply.
(Added by Ord. 90-62)
Sec. 30-2.2 Water management policies.
(a) This section sets forth the policies for water use and development within each
development plan area. These are established in recognition of the vital role of
water in supporting land use activities on the island of Oahu. Potable groundwater
is the premium water resource on Oahu because over the long term it
is the most economical to develop and requires no treatment, but this resource
is finite in nature and the limit of feasibly developed potable water sources
is rapidly being approached.
(b) These policies shall apply to all city agencies in the performance of their
powers, duties and functions as related to both public and private development.
(c) In addition, all city actions in regard to the use and commitment of
water resources to meet existing or projected demands on the public water system
on the island of Oahu shall be guided by the board of water
supply's Oahu water plan.
(1) Policy One. Facilities for the provision of water shall be based on the
general plan population projections and the land use policies contained in the development
plans and depicted on the development plan land use maps.
(2) Policy Two. System flexibility shall be maintained to facilitate the provision of an
adequate supply of water consistent with planned land uses. The municipal water system
shall be developed and operated substantially as an integrated islandwide water system.
(3) Policy Three. Close coordination shall be maintained between federal, state and county agencies
which are involved in the provision or management of water to ensure optimal
distribution of the available water supply.
(4) Policy Four. The quality and integrity of the water supply shall be maintained
by providing for the monitoring and protection of the water supply in accordance
with the requirements of the state water code.
(5) Policy Five. The development and use of nonpotable water sources shall be maximized
in a manner consistent with the protection of the groundwater quality.
(6) Policy Six. Water conservation shall be strongly encouraged.
(7) Policy Seven. Alternative water sources shall be developed wherever feasible to ensure an
adequate supply of water for planned uses on Oahu.
(Added by Ord. 90-62)
Sec. 30-2.3 Water management strategies.
(a) Based on the findings and projections in the technical reference document of the
Oahu water management plan, Oahu should have an adequate supply of water to
meet islandwide needs at least until the year 2010. This has been determined
after evaluating the anticipated demand for water use from municipal, agricultural, military and
private users; the available remaining groundwater which can be safely developed; the planned
and proposed water source development projects; and alternative water development projects now under
way.
(b) Based on these findings, the plan or strategy for water management shall be
to continue to develop available groundwater sources but to preserve as much of
the groundwater supply as possible, through the more efficient use of the existing
water supply, an ongoing water conservation program and by the continued development of
alternative sources of water.
(c) The following strategies shall be applied in the development and use of water
resources on Oahu:
(1) Strategy One. Develop water resources in consonance with the general plan population projections
and the land use policies contained in the development plans and depicted on
the development plan land use maps. Priority shall be given to affordable housing
projects shown on the development plan land use maps or processed under HRS
Chapter 201E.
(2) Strategy Two. Continue to safely develop the remaining available groundwater in accordance with
the requirements of the state water code.
(A) Substrategy A. The commission should continue to refine the accuracy of the sustainable
yields in the water resources protection plan at the aquifer level to better
guide decisions regarding future exploration and development of water sources.
(B) Substrategy B. The commission, in consultation with the board, should formulate a plan
for the future exploration, monitoring and development of groundwater resources based on the
identified sustainable yields.
(3) Strategy Three. Use surface water more effectively and efficiently.
(A) Substrategy A. The commission should compile an inventory of surface water use on
Oahu for the purpose of determining existing use and projecting future use, given
the present lack of information.
(B) Substrategy B. The commission should certify the unreported and undetermined quantities of surface
water use in windward Oahu as part of its water registration program.
(4) Strategy Four. Continue to refine the near and long-term projections of agriculture on
the island to more accurately project the future net release of water currently
committed to agricultural use.
(A) Substrategy A. The state department of agriculture should inventory and project diversified agriculture
including the irrigated acreage, method of irrigation, source of water and the quantity
and quality of water use.
(B) Substrategy B. The commission should seek to establish the necessary commission procedures to
more readily transfer water allocations from agricultural to municipal use, especially where urban
or other agricultural uses replace sugarcane lands.
(5) Strategy Five. Maintain an ongoing water conservation program through the board, using such
approaches as pricing, public information, educational programs, water-saving devices, and use restrictions and
allocations.
(6) Strategy Six. Develop and use nonpotable water sources, wherever feasible, for the irrigation
of agricultural crops, parks and golf courses, landscaping and for certain industrial uses.
(A) Substrategy A. Support the exchange of nonpotable water, wherever feasible, for potable water
which is being used for irrigation to preserve more of Oahu's potable supply
for domestic use.
(B) Substrategy B. Pursue opportunities to blend brackish water with potable water to produce
a greater supply of potable water.
(C) Substrategy C. Support and pursue the reuse of treated wastewater effluent for irrigation
or groundwater recharge wherever feasible.
(7) Strategy Seven. Continue efforts to develop economical methods of demineralizing brackish water and
desalting seawater.
(A) Substrategy A. Support the demonstration and expansion of the state's desalinization pilot project.
(B) Substrategy B. Continue research to develop more economical methods for desalting seawater for
municipal purposes (e.g., an open cycle method of ocean thermal energy conversion or
OTEC).
(Added by Ord. 90-62)
Article 3. Severability
Sections:
30-3.1 Severability.
Sec. 30-3.1 Severability.
The invalidity of any word, section, clause, paragraph, sentence, part or provision of
this chapter shall not affect the validity of any other part of this
chapter which can be given effect without such invalid part or parts. (Added
by Ord. 90-62)
Article 4. Water Conservation Measures *
Sections:
30-4.1 Definitions.
30-4.2 Water closets and showerhead requirements.
30-4.3 Exception.
30-4.4 Enforcement.
30-4.5 Rules and regulations.
30-4.6 Exemption for low-consumption properties.
30-4.7 Rebate program established.
Sec. 30-4.1 Definitions.
For the purposes of this article:
"Administrative authority" means the same as is defined in Section 19-2.1.
"Authorized agent" means a person, as defined in HRS Section 514A-3, who is
authorized to act on behalf of the owner of residential property.
"Director" means the director of budget and fiscal services.
"Hotel" means the same as is defined in Article 9 of Chapter 21.
"Low-flow kitchen faucet, lavatory faucet and showerhead" means a kitchen faucet or showerhead
with flow control devices that limit the faucet's or showerhead's maximum flow rate
to 2.5 gallons per minute and a lavatory faucet with flow control devices
that limit the lavatory faucet's maximum flow rate to 2.0 gallons per minute.
"Low-flush urinal" means a urinal with volume limiting devices or methods which limit
the discharge to one gallon per flush.
"Nonresidential property" or "nonresidential properties" means property improved with hotels or with industrial
or commercial buildings.
"Residential property" or "residential properties" means property other than nonresidential property or nonresidential
properties.
"Ultra-low flush toilet" means a tank-type water closet or a flushometer valve toilet
with volume-limiting devices or methods which limit the discharge to 1.6 gallons per
flush.
"Water-saving toilets" means ultra-low flush toilets and low-flush urinals.
(Added by Ord. 92-01; Am. Ord. 92-109, 94-32, 00-05)
Sec. 30-4.2 Water closets and showerhead requirements.
(a) All nonresidential properties shall be equipped with low-flow kitchen faucets, lavatory faucets, and
showerheads within one year of the effective date of this section.
(b) Except as provided in Section 30-4.3, and unless granted an extension of time
by the building board of appeals pursuant to subsection (d), all nonresidential properties
shall be equipped with ultra-low flush toilets by January 1, 1998, and low-flush
urinals within two years of the effective date of this section; provided that
if a nonresidential property is equipped with wall-mounted flushometer toilets with blowout action,
such toilets need not be replaced with ultra-low flush toilets; and provided further
that nonresidential properties shall be exempt from the requirement to be equipped with
ultra-low flush toilets if they qualify for an exemption under Section 30-4.6.
(c) The administrative authority shall allow extensions of time for good cause shown. A
nonresidential property may be granted an extension of time to install low-flow kitchen
faucets, lavatory faucets, and showerheads of up to six months after the deadline
specified in subsection (a), and may be granted an extension to install ultra-low
flush toilets and low-flush urinals of up to six months after the deadline
specified in subsection (b).
(d) The owner or operator of a nonresidential property may appeal a decision of
the administrative authority:
(1) Denying any extension of time for the installation of low-flow kitchen faucets, lavatory
faucets, and showerheads or ultra-low flush toilets and low-flush urinals; or
(2) Granting an extension that is less than what the owner or operator had
requested.
Appeals by an owner or operator shall be to the building board of
appeals. The board may grant an extension of time if it finds that
the time period appealed from poses an undue hardship, provided that the total
time of compliance shall not exceed two years for low-flow kitchen faucets, lavatory
faucets, and showerheads and three years for low-flush urinals; and provided further that
for ultra-low flush toilets, the total time for compliance shall not extend beyond
January 1, 1999.
(e) Owners or operators of nonresidential properties which, prior to the effective date of
this article, have already installed low-flow kitchen faucets, lavatory faucets, and showerheads and
ultra-low flush toilets and low-flush urinals which meet the water flow standards of
this article, and dual-flush mechanisms for toilets which accomplish the purpose and objective
of this article, as determined by the board of water supply, shall be
exempt from the application of this article. The board of water supply shall
adopt rules governing such exemptions in accordance with HRS Chapter 91.
(Added by Ord. 92-01; Am. Ord. 92-109, 94-28)
Sec. 30-4.3 Exception.
(a) A nonresidential property shall not be required to comply with the requirements of
Section 30-4.2(b) if the administrative authority determines, upon application of the property owner
or operator, that the age, condition, or type of plumbing system of such
nonresidential property would prevent the proper functioning of water-saving toilets. Should the administrative
authority determine that the applicant's plumbing system does not prevent the proper functioning
of water-saving toilets, the applicant may appeal that decision in accordance with subsection
(c). In the event the owner or operator does not appeal the decision,
water-saving toilets shall be installed on such owner's or operator's nonresidential property within
the time period provided in Section 30-4.2(b) or within six months of the
administrative authority's decision, whichever is later. (b)If the administrative authority determines that the
applicant's plumbing system does prevent the proper functioning of water-saving toilets, the nonresidential
property owner or operator shall prepare a water conservation plan within six months
of the date of that determination. That plan shall provide for the conservation
of water by the nonresidential property in an amount not less than the
amount of water that would be conserved, over an equal period of time,
through the installation of water-saving toilets on such nonresidential property. The plan shall
be submitted to the administrative authority for approval. The administrative authority, in consultation
with the board of water supply, shall either approve or deny the water
conservation plan. If the administrative authority approves the plan, the plan shall be
in lieu of compliance with Section 30-4.2(b) and the nonresidential property owner or
operator shall implement the plan within the time period provided in Section 30-4.2(b),
or within six months of the administrative authority's decision, whichever is later. If
the administrative authority denies the water conservation plan, the nonresidential property owner or
operator may appeal the decision in accordance with subsection (c). In the event
the owner or operator does not appeal the administrative authority's decision, water-saving toilets
shall be installed on such owner's or operator's property within the time period
provided in Section 30-4.2(b) or within six months of the administrative authority's decision,
whichever is later.
(c) Any appeal from the decision of the administrative authority shall be made to
the building board of appeals within 30 days of the date of the
administrative authority's decision. The building board of appeals shall render a decision within
120 days of the date of the appeal. If the building board of
appeals does not render a decision on an appeal made pursuant to subsection
(a) or (b) within 120 days, the nonresidential property owner or operator shall
prepare and implement a water conservation plan in lieu of installing water-saving toilets,
or, if a plan has already been prepared, the owner or operator shall
implement such plan. The nonresidential property owner or operator shall prepare and/or implement
the plan within six months after the end of such 120-day period, or,
if the board decides in favor of such owner or operator, within the
time period specified in Section 30-4.2(b) or within six months after the date
of the board of appeal's decision, whichever is later.
If the building board of appeals denies the appeal, the owner or operator
shall install water-saving toilets on the owner's or operator's nonresidential property within the
time period specified in Section 30-4.2(b) or within six months of the board's
decision, whichever is later.
(Added by Ord. 92-01)
Sec. 30-4.4 Enforcement.
(a) The administrative authority shall have the same right of entry as provided in
Section 19-2.3 to enforce the requirements of this article.
(b) All violations of this article shall constitute violations under Chapter 19, Article 6,
and shall be enforced in the same manner as provided therein.
(Added by Ord. 92-01)
Sec. 30-4.5 Rules and regulations.
Subject to HRS Chapter 91, the administrative authority may adopt rules and regulations
having the force and effect of law for the implementation, administration and enforcement
of this article.
(Added by Ord. 92-01)
Sec. 30-4.6 Exemption for low-consumption properties.
(a) Nonresidential properties that consume an average of 15,000 gallons of water per month
or less in calendar year 1996 shall be exempted from the requirement to
be equipped with ultra-low flush toilets under Section 30-4.2(b).
(b) If a nonresidential property with an exemption under subsection (a) consumes more than
15,000 gallons of water per month, on the average, during any calendar year
after 1996, that nonresidential property shall be equipped with ultra-low flush toilets within
the calendar year following the year in which the property's water consumption exceeded
15,000 gallons per month.
(c) The building department shall annually determine if nonresidential properties granted an exemption under
subsection (a) still qualify for that exemption.
(Added by Ord. 94-28; Am. Ord. 94-67)
Sec. 30-4.7 Rebate program established.
(a) Rebate Program. An owner or authorized agent of residential property who has purchased
and installed an ultra-low flush toilet or toilets to replace an existing nonultra-low
flush toilet or toilets after June 9, 1998, * [*Editor's Note: "June 9, 1998"
is substituted for "the effective date of this ordinance" (Ord. 98-26).] and whose
property is connected to the city's sewer or water system, shall, upon proper
application, be entitled to a rebate from the city. For each ultra-low flush
toilet purchased and installed, the owner or authorized agent shall be entitled to
a rebate of $100.00. Annual appropriations shall be made by the council from
monies deposited in the sewer fund established in Chapter 14, Article 8, to
fund this program.
(b) Administration.
(1) Unless the board of water supply agrees to administer the rebate program established
by this section, the department of budget and fiscal services shall administer the
rebate program.
The director shall prescribe the appropriate form or forms for rebate claims. The
director shall require proof that each ultra-low flush toilet has been purchased and
installed by the applicant, which shall include copies of the receipt for the
purchase of each ultra-low flush toilet, a paid invoice from the licensed plumbing
contractor for the installation of the ultra-low flush toilet and, if the combined
cost of the toilet or toilets and installation exceeds $1,000.00, the building permit.
The applicant may refuse to provide copies of the proof of purchase and
installation. However, upon such refusal, the director may deny the rebate. Notwithstanding any
other provision to the contrary, there shall be no appeal from the decision
of the director to deny the rebate due to a refusal by an
applicant to provide proof of purchase and installation.
(2) The director shall determine whether an applicant qualifies for a rebate pursuant to
this section upon review and verification of each application. The director shall notify
each applicant whose application for a rebate has been denied within 30 days
of such determination.
(3) If the director determines that the applicant qualifies for a rebate, and provided
that monies are available from the appropriations for the rebate program to pay
the amount for which the applicant qualifies, the director shall issue or cause
to be issued a warrant in the amount of the approved sum in
the name of the applicant.
(c) Authorizing the Board of Water Supply to Administer the Program. Pursuant to a
written agreement with the board of water supply, the director may authorize the
board of water supply to administer and provide a portion of the funding
for the rebate program. The agreement may specify that the board will prescribe
the form of the rebate claim, and any additional proof required in order
for the applicant to qualify for the rebate beyond that specified as and
appeal process for denial of the rebate. If the board of water supply
agrees to administer and fund a portion of the rebate program, it may
seek reimbursement from the director for a portion of the cost of the
rebate, from monies appropriated for that purpose by the council. If the board
decides to terminate its administration of this rebate program, the department of budget
and fiscal services shall again administer the program.
(d) Termination of Program. This rebate program shall terminate on July 1, 2008. The
director shall not accept applications for the rebate program after the termination date
of the rebate program. However, the director may issue warrants for rebates up
to one year from the termination date on applications received by the director
prior to said termination date, provided that monies are available to make rebate
payments.
(e) Appeal. The director shall, pursuant to the provisions of HRS Chapter 91, establish
appeal procedures for rebate applications which have been denied on a basis other
than the refusal to provide proof of purchase and installation as required under
subsection (b)(1).
(f) Penalties. Any person who files a fraudulent application or attests to any false
statement, who aids or abets the filing of a fraudulent application, who conspires
with an applicant to defraud the city, or who in any manner intentionally
deceives or attempts to deceive the city in order to receive a rebate
for ultra-low flush toilets, shall be fined no more than $1,000.00, imprisoned for
not more than six months, or both.
(Added by Ord. 94-32; Am. Ord. 98-26, 00-05, 01-52, 02-46)